Tenancy law: landlords or tenants? Positioning and website for tenancy and condominium law firms

Why tenancy law needs a clear positioning

Anyone who googles “mietrecht anwalt in der nähe” (tenancy lawyer near me) or “mietrecht anwalt wien” has an urgent problem. That makes this area of law attractive for websites: many searches, high urgency, clear local intent. The catch is the value of the mandate. A large share of enquiries concerns small amounts, and many people expect a free answer. If you offer everything to everyone, you spend your days on the phone with cases you have to turn down or handle below value.

The solution is a positioning that filters on the website itself. That doesn't mean you only take on large mandates. It means visitors see within seconds whether they are in the right place: Do you represent landlords or tenants? Private or institutional owners? Residential or commercial? Do you work for property managers and owners' associations? General thoughts on specialisation are in the post Niche and positioning for firms; this one is about the specifics of tenancy and condominium law.

Landlords, tenants or both: three models

Under professional rules, you may represent landlords and tenants in both countries, just not against each other in the same matter. In Austria, § 10 Abs 1 RAO prohibits representing the opposing party in the same or a related matter; in Germany, § 43a Abs. 4 BRAO prohibits representing conflicting interests. In condominium law this is particularly delicate: if you work regularly for an owners' association or its manager, you cannot represent individual owners against the association. A clear positioning on the website reduces such conflicts, because the other side doesn't enquire in the first place.

Austria and Germany: what differs

Websites of Austrian and German tenancy law firms look similar at first glance; the law behind them is not. You can tell from the search terms: in Austria people search for “Richtwertmietzins” (standard reference rent), “Befristung Mietvertrag” (fixed-term lease) or “Schlichtungsstelle”; in Germany for “Mietpreisbremse” (rent cap), “Eigenbedarfskündigung” (termination for personal use) or “Fachanwalt Mietrecht”.

In Austria: MRG, WEG 2002 and Schlichtungsstelle

The key question in any Austrian tenancy law advice is: does the lease fall under full application, partial application or not under the MRG at all? Rent setting, fixed terms and protection against termination depend on it. Your website visitors ask exactly this question, just without knowing the terms. A page that explains in plain words why old buildings, subsidised new buildings and detached houses are treated differently is a strong entry point for tenant and landlord firms alike.

Then there is the Schlichtungsstelle. In municipalities that have set one up, Vienna for example, proceedings under § 37 MRG, such as reviewing the main rent or service charges, must first be brought there. The procedure is inexpensive for the parties, and tenants are often represented there by tenants' organisations. Explain on your website when the Schlichtungsstelle is competent and what you do there for clients. For landlords, this is an argument in itself: they face an experienced tenants' organisation and should be well prepared.

Condominium law under the WEG 2002 deals with resolutions of the owners' association, the reserve fund, managers' duties and disputes between owners. Since the 2022 WEG reform, easier rules for passing resolutions and a minimum contribution to the reserve fund apply, among other things. Changes like these are a good occasion for articles that property managers read and pass on.

In Germany: BGB, WEMoG and Fachanwalt

German tenancy law is in the BGB and heavily shaped by Federal Court of Justice (BGH) case law. Typical search triggers are termination for personal use, rent increases up to the local comparative rent, the rent cap, cosmetic repairs and service charges. Residential tenancy cases go to the Amtsgericht, where legal representation is not mandatory. Many tenants and private landlords therefore wonder whether they need a law firm at all. Your website should answer that question before it is asked.

The WEMoG reorganised condominium law as of 1.12.2020: the community of apartment owners manages the common property, the manager has more powers, and actions against resolutions are directed against the community (§ 44 WEG). Owners can also demand a certified manager. For law firms this means: condominium managers need reliable contacts for challenges to resolutions, actions for unpaid owners' contributions and questions about the competence to pass resolutions.

The Fachanwalt für Miet- und Wohnungseigentumsrecht (certified specialist in tenancy and condominium law) is a strong signal in Germany, also on Google: “fachanwalt für mietrecht” is a common search term. The Fachanwaltsordnung requires special theoretical knowledge and at least 120 cases in the five years before the application, at least 60 of them court proceedings (§ 5 Abs. 1 lit. j FAO). Use the title exactly as it was awarded. Without it, you may state “Tätigkeitsschwerpunkt Mietrecht” (focus area tenancy law) if you can prove matching theoretical knowledge and have worked in the field to a considerable extent (§ 7 Abs. 1 BORA). The details are in Advertising for lawyers in Germany and in Austria.

Tenants' associations: competition or filter?

“mietrecht anwalt kostenlose beratung” (tenancy lawyer free advice) is a common search term, and the honest answer is often: it exists, but not at a law firm. In Austria, the Mietervereinigung and the Mieterschutzverband advise their members, the Arbeiterkammer advises in many federal states, and in Vienna the city offers free initial information through its Mieterhilfe. In Germany, tenants' associations may give legal advice to their members under § 7 RDG; for landlords there are the Haus & Grund associations. For a modest annual fee, members get advice there, sometimes with legal expenses cover.

As a tenant firm, you won't beat these offers on price. You win when your website explains when a law firm is the better route: for eviction actions and terminations, for large refund claims, for commercial leases, for cases where the association cannot or will not represent, and for people with legal expenses insurance, for whom the association's cost advantage disappears. As a landlord firm, you use the same logic in reverse: anyone who knows the other side is well organised seeks advice early.

Property managers and condominium managers as repeat clients

For many tenancy law firms, property managers are what tax advisers are for commercial law firms: they bring in cases continuously, know the business and value a firm that works quickly and reliably. Hardly anyone searches for this (“anwalt hausverwaltung”, lawyer for property management, has little volume). The website works differently here: it is the page a manager opens after the first conversation to check whether the firm fits her processes. What she looks for is concrete.

One limit applies strictly in both countries: you may not give commissions or other benefits for referring mandates, in Germany under § 49b Abs. 3 BRAO, in Austria under the rules of professional conduct (§ 47 Abs 3 Z 6 RL-BA 2015). Referrals come from good work, not kickbacks. Note also: if you represent a condominium manager, later representing individual owners against the community is usually ruled out. How referrals work without commissions is described in the post Referrals for firms. For the first meeting with a manager, a good business card with a QR code to your property managers page helps; the free business card generator creates one in a few minutes.

A second, often underestimated channel is tax advisory firms focused on real estate. They look after exactly the private landlords and apartment building owners a landlord firm is looking for, and they have clients with tenancy questions themselves. How such firms build their website is shown in the post Website for tax advisers specialising in real estate; it also helps you prepare the cooperation.

The page structure of a tenancy and condominium law firm

As with every area of law: one page per concern, not one “Tenancy law” page with ten bullet points. How a good page per service is built is described in the post Areas of practice on the firm website. In tenancy law, the pages depend on the positioning.

Add to every page the questions that keep coming up in initial consultations and a clear statement of who you represent. A sentence like “In tenancy matters we represent landlords exclusively” at the top of the page saves you and the people enquiring time.

Prices for standard cases: termination, eviction, challenging resolutions

Tenancy law suits transparent prices like few other areas, because many cases follow a similar course. Property managers even expect them. The rules differ between the two countries.

• Austria: Fees can be freely agreed, including as a flat fee (§ 16 Abs 1 RAO). So you may write, for example, “Notice of termination for landlords: flat fee 290 euros plus VAT” on the website. For private individuals state gross prices; for businesses and managers net prices with a note are common. Explain that cost reimbursement under the RATG (lawyers' tariff act) is a separate topic in litigation.
• Germany: For out-of-court work you can agree flat fees (§ 4 RVG, in text form under § 3a RVG). In court proceedings the statutory fees may not be undercut (§ 49b Abs. 1 BRAO), so a flat price “complete eviction action for 300 euros” is problematic. Without an agreement, the first consultation with consumers is capped at 190 euros plus VAT (§ 34 RVG).
• Both countries: State what is included in the flat fee and what isn't (court fees, bailiff, expert reports), and don't write “from” prices without explanation.

Being found: search terms and search results

Tenancy law is a local area of law. People almost always enter a place or search “near me”. A well-kept Google Business Profile, one page per concern and a clear local reference in the text are the basis; the details are in SEO for lawyers. What matters for positioning is the title in the search results: it filters before the click.

• “Mietrecht für Vermieter in Wien | Kanzlei Steiner” (tenancy law for landlords in Vienna) instead of “Mietrecht | Kanzlei Steiner”
• “Fachanwältin für Mietrecht Berlin: Eigenbedarf, Räumung, WEG” (in Germany, with the title)
• “Beschlussanfechtung WEG: Fristen und Ablauf | Kanzlei …” (challenging resolutions: deadlines and process) for a page that managers and owners find

Common mistakes on tenancy law websites

• No side chosen: texts that court landlords and tenants in the same paragraph. Neither feels addressed.
• “Free advice” as bait: leads to many enquiries you can't serve and to disappointment when you call back.
• Countries mixed up: “Mietpreisbremse” on a Vienna website or “Richtwertmietzins” on a Munich one. That unsettles visitors and costs trust.
• Outdated law: condominium pages written before the WEMoG or the 2022 WEG reform.
• No page for property managers: even though they are the most valuable clients and look specifically for a suitable firm.
• The form asks for the whole case: name, contact, role (landlord, tenant, manager) and the concern in one sentence are enough for the conflict check.